Inside the Office

The Attorney General serves as South Carolina’s Chief Prosecutor, Chief Legal Officer, and Chief Securities Officer. The Office includes a Legal Service Division which includes securities, tobacco & general litigation, consumer protection & antitrust litigation and, special litigation; an Opinions Division; a Criminal Prosecution Division which prosecutes a wide array of crimes and includes separate sections which handle the prosecution of cases from the State Grand Jury, Violence Against Women, Medicaid Recipient Fraud, Internet Crimes Against Children, Sexually Violent Predators, Medicaid Provider Fraud; a Criminal Litigation Division which includes criminal appeals, post conviction relief, and capital litigation, a Victim Services Division that supports victims and their families with the criminal justice process and a youth mentor program. The Office also includes the Clerk of Court, Executive and Administration Divisions

Legal Services Division

Securities The Securities Division enforces the South Carolina Uniform Securities Act, which seeks to protect South Carolina investors against fraud and unfair or unethical practices; registers both securities and professionals in the securities industry; develops and implements investor education initiatives; and supports an equitable, competitive, and efficient securities marketplace that contributes to the economic development of South Carolina and the well-being of its citizens.

Tobacco and General Litigation The State of South Carolina joined 51 other states and territories in executing the landmark Master Settlement Agreement (“MSA”) in 1998, in which the then four largest tobacco companies agreed to restrictions on their marketing practices and to pay billions of dollars annually to the states. Other tobacco companies have joined the MSA since 1998. As part of its general law enforcement authority, the Attorney General’s Office enforces laws relating to tobacco, including the South Carolina Tobacco Escrow Fund Act and the Tobacco Qualified Escrow Fund Enforcement Act.

Special Litigation

Consumer Protection & Antitrust The Consumer Protection and Antitrust Division represents the interests of the State South Carolina and its citizens through enforcement of the South Carolina Unfair Trade Practices Act. The Division files lawsuits involving an array of unfair or deceptive trade practices, such as fraudulent marketing of pharmaceutical products, deceptive billing practices, and price collusion by competing manufacturers. The Division does not handle individual consumer complaints against businesses; that is the responsibility of the South Carolina Department of Consumer Affairs, a separate agency.

Money TransmittersThe South Carolina Anti-Money Laundering Act was signed by Governor Nikki Haley on June 9, 2016. The act provides that it will take effect upon the publication of final regulations in the State Register. The regulations are to be published in the State Register on May 25, 2018, at which time the law will go into effect. Find out more.

Opinions Division

By statute, the Governor, members of the General Assembly, and other public officials are entitled to legal advice from the Attorney General’s Office. An Attorney General’s opinion is thus a written public document responding to a specific legal question asked by a public official. All opinions have been reviewed by the Opinions Section and represent the highest standards of research. An Attorney General’s opinion attempts to resolve questions of law as the author believes a court would decide the issue. Unlike a court, however, Attorney General opinions cannot decide factual disputes.

Criminal Litigation Division

Criminal Appeals The Criminal Appeals Section represents the interests of the State of South Carolina in the Supreme Court, the South Carolina Court of Appeals, and the United States Supreme Court in all appeals from criminal convictions in South Carolina, except appeals arising from murder convictions. A criminal defendant may appeal to the state appellate courts from a criminal conviction or sentence asserting that error was committed during trial which requires that the case be remanded to the trial court or requires that the conviction or sentence be vacated or reversed. The State may also be the appealing party in some limited instances.

Post Conviction Relief In South Carolina, a post-conviction relief proceeding is a collateral attack on a criminal conviction. At this stage, the convicted person seeks to prove that his original trial lawyer was incompetent in handling his case or that there were other errors that prove his trial was unfair. New counsel may be appointed by the court and an attorney from the Attorney General’s Office will represent the State. A hearing may be held before a judge in the county or circuit where the original trial occurred. The judge is required to issue a written order so the ruling will be by written order.

Capital Collateral Litigation The Capital and Collateral Litigation Section handles the direct appeals of all murder convictions for the State of South Carolina. The Section also handles all litigation in death penalty cases after the criminal trial, including: the direct appeal, any post-conviction relief action and appeal, and any federal habeas action filed on behalf of the convicted inmate. Members of the section also represent the State in all federal habeas corpus proceedings.

Criminal Prosecution Division

Medicaid Provider Fraud The Medicaid Fraud Control Unit investigates and prosecutes health care fraud committed by Medicaid providers and the physical abuse of patients and embezzlement of patient funds in facilities. SC MFCU enforces South Carolina laws protecting mentally or physically disabled or eldetizens from neglect and abuse in long-term care facilities.

Internet Crimes Against Children The Internet Crimes Against Children (ICAC) Task Force, operating through the Attorney General’s Office, is a network of over fifty local, state and federal law enforcement agencies around South Carolina. The ICAC section handles cases involving crimes against children facilitated through the use of technology, including the possession and distribution of child pornography, and criminal solicitation of a minor. The ICAC Task Force also provides Internet safety presentations and training to children, parents, educators, school resource officers, and community groups around the state. Visit the S.C. ICAC Task Force Facebook page.

Prosecution/State Grand Jury The South Carolina Constitution designates the Attorney General as the Chief Prosecuting Officer for the State, and along with the sixteen Circuit Solicitors, the Attorney General is responsible for the prosecution of all criminal matters within the South Carolina judicial system. The majority of cases prosecuted by the Attorney General are referred by the local Solicitors. The Prosecution Division handles a broad range of other criminal matters, including cases involving securities fraud, insurance fraud, financial fraud and environmental crimes. Our experienced prosecutors work in partnership with local, state and federal law enforcement agencies in an effort to help fight crime and bring criminals to justice.

Violence Against Women The VAWA section of the Attorney General’s office is funded by a grant established through the Department of Justice in conjunction with the federal Violence Against Women Act. The office established the S.T.O.P. Violence Against Women Program in 1996 with monies the VAWA grant provided. Within the program there a directory, one special prosecutors, one program coordinator, one victim advocate and a technical assistant. The S.T.O.P. program has several key goals. First, it aims to educate law enforcement, judges, victim advocates and prosecutors on criminal domestic violence – its causes, consequences, and most current legislation. The VAWA program also participates in or coordinates other public education and awareness events throughout the state. Finally, an essential purpose of the program is to provide a prosecutor for CDV cases that would typically lack attorney representation in the summary and general sessions courts of the state. The in-house special prosecutors handle regular dockets in multiple centralized courts in South Carolina. In addition, they prosecute conflict cases from all sixteen judicial circuits.

Provided false or misleading information about income, assets, family members, or resources

Shared a Medicaid card with another individual

Sold or bought a Medicaid card

Diverted for resale prescription drugs, medical supplies, or other benefits

Participated in doctor or pharmacy shopping

Obtained Medicaid benefits that they were not entitled to through other fraudulent means

Suspected Medicaid recipient fraud should be reported to the South Carolina Department of Health and Human Services via the toll free tip line: 1-888-364-3224.

The SNAP (Supplemental Nutrition Assistance Program) Fraud Unit of the South Carolina Attorney General’s Office actively investigates and prosecutes SNAP beneficiaries and retailers suspected of fraud and abuse. This unit works in conjunction with the Department of Social Services (DSS) who investigate and refer cases to our office for prosecution. Specifically, the SNAP Fraud Unit prosecutes cases where SNAP recipients are alleged to have done the following:

Submitted a false application for SNAP benefits

Provided false or misleading information about income, assets, family members, or resources

Trafficked SNAP benefits- “Trafficking” is defined as the buying, selling, stealing, or exchanging SNAP benefits for cash or consideration other than eligible food.

Misused their SNAP benefits by giving access to their EBT card and PIN to another unauthorized individual

Obtained SNAP benefits that they were not entitled to through other fraudulent means

Suspected SNAP recipient or retailer fraud should be reported to the South Carolina Department of Social Services via the toll free tip line: 1-800-616-1309.

Victim Services Division

Administration Division

Executive

Constituent Services The Constituent Services Section serves as a liaison between the Attorney Generals Office and its various constituencies, but particularly the citizens of South Carolina. Staff members answer inquiries from the general public and provide assistance when possible.

(COLUMBIA, S.C.) – South Carolina’s Constitutional Ballot Commission gave its unanimous approval Thursday to the wording of a constitutional amendment that will be on November’s ballot. The commission is made up of Attorney General Alan Wilson, Director of the State Election Commission Marci Andino, and Ashley Harwell-Beach, representing the Director of Legislative Council. If the amendment passes, it would change the way South Carolina’s superintendent of education is chosen starting in January 2023. Now, voters elect the superintendent. The amendment asks voters if they want to change that so future governors would choose a superintendent, with the consent of the…